HomeMy WebLinkAboutZBA-07/12/2007 Agenda
AGENDA
7/11
ZBA SPECIAL MEETING
THURSDAY, JULY 12, 2007
nd
Place of Meeting: Town Hall Annex, North Fork Bank (2 Floor), 54375 Main Road, Southold.
6:00 P.M. Call to Order by Chairman James Dinizio.
I. STATE ENVIRONMENTAL QUALITY REVIEW ACT
(none at this time).
II. PUBLIC HEARING (none)
:
III. DELIBERATIONS/DECISIONS
:
PHs concluded 6/28/07:
MARK MELNICK #6050. (). Request for Reversal of Building
Stop Work Order Pending ZBA Decision
Department determination which states that the “
as built alteration to dwelling includes demolition and
ZBA #5955 granted
reconstruction of the existing foundation deviated from ZBA decision #5977.”
applicant’s prior request concerning setbacks related to the proposed increase of ceiling height from 18’
to 32’ and change from the existing height of 1.5 stories to two stories under Zoning Code Sections 280-
116 and 280-124. Also requested if a reversal is not granted, is a variance amendment for
reconstruction of the dwelling with setbacks at less than 75 feet from the bulkhead, less than 35 ft. front
yard setback, and less than 35 ft. rear yard setback (ref. Building Inspector’s August 25, 2006 Notice of
Disapproval, amended September 28, 2006). Location: 405 Private Road #3 (a/k/a Pine Creek Road),
Southold; CTM 70-6-15.
JOHN MAZUR, JR. and ALICE MAZUR #6044. Request for a Variance based on the Building
Inspector’s May 7, 2007 Notice of Disapproval, based on the ZBA #5909 issued August 17, 2006, based
on Building Inspector’s April 3, 2006 Notice of Disapproval citing Sections 280-122A and 280-124), for
approval of the location of the new foundation at less than 35 feet from the front yard line and less than
35 feet from the rear yard line, after demolition of the foundation of the existing dwelling and related
construction. Location: 3200 Camp Mineola Road, Mattituck; CTM 123-5-36.2.
BREWERS YACHT YARD #6051. Request for a Variance under Section 280-116, based on the
Building Inspector's May 7, 2007 Notice of Disapproval concerning a proposed accessory (pavilion)
building at less than 75 feet to the bulkhead, at 500 Beach Road, Greenport; CTM 43-3-2.
PAUL and CHERYL RAGUSA #6048. Request for a Variance under Section 280-116A, based on the
Page 2 – Agenda (
updated 7/11/2007)
July 12, 2007 Special Meeting
Southold Town Zoning Board of Appeals
Building Inspector's May 20, 2007 Notice of Disapproval concerning a proposed additions and
alterations to the existing dwelling at less than 100 feet from the top of the bluff adjacent to the Long
Island Sound, at 1600 Hyatt Road, Southold; CTM 50-1-6.
ROGER and CONSTANCE SMITH #6025. Request for Variances: (1) based on the Building
Inspector's January 22, 2007 Notice of Disapproval citing former Code Section 280-15, and (2) based
on the current Code Section 280-15 concerning the proposed accessory garage construction which will
exceed the code limitation of 40% for dormers. The Notice of Disapproval cites the former Code
provisions concerning setback and height requirements (citing 10 ft. as a minimum setback and 18 ft. as
a maximum mean height). Current Section 280-15 as amended by Local Law states that accessory
buildings shall not exceed 22 feet to the highest point of the ridge, and that setbacks shall be not less
than 20 feet (when located in a rear yard). In addition, a Variance is requested to locate an accessory
pergola in a side yard (rather than the code-required 20 ft. setback when located in a rear yard).
Location: 60015 Main Road, Southold; CTM 56-3-10
HUGH and ANNE O’REILLY #6058. Request for a Variance under Section 280-124 (100-244), based
on the Building Inspector's June 4, 2007 Notice of Disapproval concerning an as-built demolition of an
existing dwelling, with new construction at less than the code-required 40 feet on this 37,375 square foot
lot. The new construction activities commenced under Building Permit #32434-Z, at 25 Lighthouse
Road (at intersection with North Road), Southold; CTM 55-1-3.2.
JEFFREY and CAROL OAK #6046. Request for a Variance under Section 280-124, based on the
Building Inspector's April 25, 2007 Notice of Disapproval, amended May 7, 2007 concerning proposed
additions and alterations to the existing dwelling at less than 35 feet from the front lot line, at 375 Grove
Drive, Reydon Shore Lots 20 & 21 (combined as one lot), Southold; CTM 80-4-10.1.
FRANK and NATALIE DU PONT LYON #6042. Request for a Variance under Sections 280-14 and
280-122, based on ZBA Interpretation #5039 (Walz Application), and based on the Building Inspector's
April 24, 2007 Notice of Disapproval concerning a proposed additions and alterations to a
(nonconforming) third-story bedroom in an existing single-family dwelling, which will constitute an
increase in the degree of non-conformance (third floor/third story), at 8 Shingle Hill Drive, Fishers
Island; CTM 9-1-15.
AMY GROSS #6045. Request for Variances under Sections 280-15F and 280-116A, based on the
Building Inspector's April 16, 2007 Notice of Disapproval concerning an application for a building
permit concerning proposed addition to a single-family dwelling, pergola and swimming pool. The
reasons for disapproving the building permit application are that the addition to the existing dwelling
will be less than 100 feet from the top of the bluff or bank adjacent to the Long Island Sound; (2) the
proposed addition places the existing accessory garage partly in a side yard; and (3) that the proposed
swimming pool construction and pergola will be less than the code-required 50 feet from the front lot
line when located in a front yard. Location of Property: 740 Northview Drive, Orient; CTM 13-1-4.
STEVE SACHMAN #6040. Request for Variances under Section 280-15, based on arequest for a
building permit and the Building Inspector's April 9, 2007 Notice of Disapproval for an accessory
garage proposed: (1) at less than 15 feet from the side lot line, (2) at a size exceeding the code
limitation of 750 square feet, and (3) with dormers exceeding the code limitation of 40% of the roof
width. Location of Property: 4705 Nassau Point Road, Cutchogue; CTM 111-9-9.
Page 3 – Agenda (
updated 7/11/2007)
July 12, 2007 Special Meeting
Southold Town Zoning Board of Appeals
BRIAN RETUS #6049. Request for Variances under Sections 280-116A(1) and 280-124, based on the
Building Inspector's May 14, 2007 Notice of Disapproval concerning: (1) proposed additions with
alterations to the existing dwelling proposed at less than 100 feet from the top of the bluff adjacent to
the Long Island Sound, (2) addition at less than 15 feet on a single side yard, and (3) deck existing at
less than the 40 feet from the top of the bluff, required minimum under ZBA #3613. Location: 235
Soundview Road, Orient; CTM 15-3-4.
IV. RESOLUTIONS/UPDATED REVIEWS/OTHER:
A. Resolution: Advertise August 2, 2007 Hearings to be held at Town Hall.
B. Resolution: Approval of Minutes (6/28/07 ZBA Regular Meeting).
C. Other Business: Work Session (no action taken)
1. Discussion: Monthly Correspondence (no action).
Correspondence:
a) SEQRA Communications by Town PB (Lead Agency)
ZBA file #5939 Cingular/MGH Enterprises
PB letters to ZBA 9/29/06, ZBA Chair to PB Chair 10/11/06;
also PB to ZBA 12/27/06 Lead Agency Coordination Notice.
Correspondence:
a) ZBA File No. 5826 – Cingular/East Marion FD. 6/28 PH & 8/2 PH.
possible
Letter to ZBA from Munley Meade Nielsen & Re in reply to Member 6/28
requests; also letter to ZBA from Edward John Boyd V in reply to ZBA
Member Discussions at 6/28 PH; PH #2 is calendared for 8/2 for final questions
nd
).
(Member questions for August 2 PH to be determined
2. ZBA Expenses – 2008 Budget Items – General Discussion.
3. Meeting Notices:
a) Town Renewable Energy Seminars July 17; Sept. 12; November 13, 2007.
th
b) Town Board July 17.
nd
c) Town Board Code Committee today at 1 PM (Annex 2 Floor)
nd
d) Town Board TDR Special Meeting today at 2 PM (Annex 2 Floor)
e) Demonstration by Municity-General Code for July 26 from 1-4 p.m.
concerning software application solutions and parcel management.
th
f) Mattituck Stakeholders TB Committee August 14 6 PM Human Resource
Center.
4. Discussions – ZBA file data (mergers, nonconforming setbacks, etc).
5. Monthly Reports (RO, LW, MS, GG)
6. Litigation Monthly Updates (Blocker v. ZBA; Milot v. ZBA)
7. Town Board Committee Monthly Reviews for Update
Planning & Zoning Session
Code Committee(s) Session
LWRP Council Session
Enforcement Code Review Session
V. EXECUTIVE SESSION
(t/b/d if any, regarding litigation updates/other).
Page 4 – Agenda (
updated 7/11/2007)
July 12, 2007 Special Meeting
Southold Town Zoning Board of Appeals